FL: Woman Shot in Common Area of Apartment Complex Loses Premises Case
In a case out of Palm Beach County, a woman who had repeatedly been told to stay off the premises was shot in the leg at a common area of an apartment complex. Pursuant to Florida law, the premises liability status categories are invitee, discovered trespasser, and undiscovered trespasser. The duty of care owed to the entrant on land varies with the category; the standards are negligence for invitees, gross negligence for discovered trespassers, and intentional conduct for undiscovered trespassers. Because the plaintiff was a discovered trespasser, the apartment complex was only liable for gross negligence, which was not proved. The Naples Daily News has the story.
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